, 1887-09-15
DOOMED TO DIE.
Judgment Affirmed in the Case
Of the Anarchists.
The Execution to Take Place
Nov. Ii.
How the News Was Received
by the Condemned Men.
The Anarchists to Hang

OTTAWA, LII, Sept 14.-The supreme
court this morning delivered an opinion in
the anarchist case, affirming the Judgment
OF the court below, the execution to AXE
place Nov. II, between 9 and 4 o'clock.
Opinion by Magruder.
In this case the Judgment of the court
below is affirmed as to all and to each and
every one OF the defendants. An opinion
has been prepared setting forth the rea-
sons of the affirmation of the Judgment.
The opinion is now handed to the clerk to
be filed. Judge Sheldon announced that
he concurred in the opinion.
n is the announcement of Judge
Mulkey: 1t is not my intention to offer
a separate opinion, as Ishould have done.
but desire to avail mself of the occasion
to say that while | concur in the copclu-
sion reached and also in the general views
as entered in the opinion filed, | do not
wish to be understood as holdinE that the
record is free from error, for | do not
think 1t is. | am nevertheless of the
opinion that none of the errors COM
planned of are of such a serious character
as to require a reversal of the Judgment.
In view of the defendants on trial. the
great length of time consumed in the
trial, the vast amount of testimony offered
and passed upon by the court, and the
almost numberless rulings the court was
required to make, theswonderment to me
Is That errors were not more numerous
and OF a more serious character than they
are. In short, after having fully exam
med The record and giving questions aris-
ing on 1t my very best thoughts, with an
earnest and conscientious desire to faith
fully discharge my whole duty, | am sat
lsted that the opinion reached yindicates
the law and does justice between the
people of the state and defendants, fully
warranted by law and the evidence.
The opinion was written by Judge
Magruder, OF the hicago district, and is
an able exposition of the law and pre-
vlous interpretations thereof by eminent
j~urists in this country. as well of the
courts bearing upon the alleged and per
haps real errors in this record. In his
work he was ably helped by each of the
other six distinguished judges who made
him their spokesman, and through him
expressed their unanimous decision. The
opinion covers 225 pages of closely writ.
ten manuscript and about Sc, 900 words.
The anarchists had no counsel here to
represent them before the court as the
decision was announced, and no steps
were taken in their behalf. They have
fifteen days to file a motion for a rehear-
ing and thirty days from the close of the
term to file a petition in support thereof
This Will not act as stay of sentence and
they will have to show very strong
grounds before the court would consent
to issue a stay of execution.
CHICAGO, Sept. l4,-The Ddi7y Neus,
Ottawa, I'LL, special says: At $50 this
morning Justice Magruder began the an
nouncement OF the decision in the anarch-
LIST case. Just before the opening of court
every one seemed to have a feeling that
something was going to happen. Before
the hour tor converting of the court the
lawyers and reporters seemed to have that
feeling, and conversed with each other in
subdued tones. Even Barber, the %ianitor,
who has waited upon every justice of the
supreme court that sat on the bench in
Ottawa, .tiptoed around in opening and
busting the court room as if he was afraid
of breaking the deathly stiffness that per-
vaded the entire building. Deputy Smith
taltered and his voice trembled as he pro.
nounced that: Hear, Vel" As the
justices filed into the court ROOM, headed
by Chief Justice Sheldon. they appeared
more dignified than ever.
The chief justice waived his associates
to their seats even more stately, and his
nod to the sheriff was more stiff and his
Open court less audible than on the
previous days of the term. Justice Ma
gruder appeared flushed and nervous as
he entered the court ROOM, the cause of
which was evident a few minutes later,
When Chief Justice Sheldon turned to
him and in a voice which would have
been lnaudible save for the deathly still
ness which pervaded the room, said:
Justice Magruder, have you any an
nouncements to maker" The flushed an
pearance OF the Justice changed to paIlor,
and his voice was husky as he said: "In
August Spies and others against the peo-
pie OF the state of Illinois, No. SO, ad-
visement docket" The chief Justice
turned the leaves of the docket to the case
indicated, when the Justice read: The
decision of the court in the anarchist
case As he commenced reading he
regained his composure, his voice was
clear and distinct, until the order fixing
the death penalty and the date of execu-
ton was reached, when his reading be-
came labored, his voice husky, and his
manner showed that it was with great
emotion that he performed the duty he
had been given to perform. Having
voiced the decision of the court in the
most celebrated case it has been called
upon to decide, the justice who made the
announcement at once left the bench and
retired to his room.
Oral announcement: Judgment af-
f1med."
How the Anarchists Received the News.
CHICAGO, Sept. 14.-The first official
information of the supreme court decision
that reached this city was a telegram from
the court clerk at Ottawa to the states
attorneys Office here, saying: "Anarch-
lists case affirmed, Execution Nov n"